Delegated Report - Code - Planning 132004 4029 01 [As Published]

                          a) for frontages — 6 metres
                          b) for side boundaries—
                             i. 1.5 metres setback up to 4.5 metres height;
                            ii. 2 metres setback between 4.5 metres and 7.5 metres height; and
                           iii. 2.5 metres where above 7.5 metres height
                          c) for the rear boundary - 6 metres
               The existing duplex development has a setback of 4.8 metres from Avocet Parade (western
               frontage), and a minimum setback of 5 metres along the Martin Street frontage. The proposed
               changes to the front setback relate to Unit 2with the existing front setback of Unit 1 remaining
               unchanged. Neither the existing or the proposed front boundary setbacks comply with the 6 metre
               setback as outlined in AO12.1, therefore compliance with Performance outcome PO12 is sought.
               PO12 Buildings and structures are designed and sited to:
                     a) provide a high level of amenity to users of the subject site and adjoining premises,
                          including provision of visual and acoustic privacy;
                     b) not unreasonably obstruct views or cause overlooking of private open space or
                          habitable areas of adjoining premises;
                     c) provide adequate distance from adjoining land uses;
                     d) preserve existing vegetation that will help buffer development;
                     e) allow for space and landscaping to be provided between buildings including
                          adequate area at ground level for landscaping with trees, shrubs, outdoor living and
                          utilities;
                     f) be consistent with the predominant character of the surrounding area; and
                     g) protect the natural character and avoid adverse impacts on ecologically important
                          areas such as national parks, waterways and wetlands.
               The applicant has treated Martin Street as the primary frontage, with the development having a
               setback ranging from 5 metres to 8 metres in lieu of 6 metres, with the exception of an open pergola
               setback 4.2 metres. Figure 9 illustrates the extent of the pergola structure which encroaches in the
               setback area, an area equivalent to 6m2. The eave of Unit 2 achieves a 4.5 metre setback to Avocet
               Parade.
               The proposed setbacks are not considered to compromise the amenity of the development or
               surrounding locality. The unit development on the southern side of Martin Street has comparable
               setbacks to what is proposed. The fence is stepped in along each frontage, to allow for landscaping
               in front of the fencing which will soften the development.
               With consideration of the length of the road frontage, the property having dual frontage, and the
               existing building setbacks the proposed relaxations are considered appropriate.
               Side Setback
               Acceptable outcome AO12.1 of the Medium Density Residential Zone Code seeks:
               AO12.1 Buildings and structures meet the following minimum boundary setbacks:
                  a) for frontages — 6 metres
                  b) for side boundaries—
                         i.  1.5 metres setback up to 4.5 metres height;
                        ii.  2 metres setback between 4.5 metres and 7.5 metres height; and
                       iii.  2.5 metres where above 7.5 metres height
                 c) for the rear boundary - 6 metres
               The applicant seeks two side boundary setback relaxations:
                   • a 1 metre setback to the northern boundary of Unit 2 in lieu of 1.5 metres.
                   • a 1.5 metre setback to the eastern boundary of Unit 1 in lieu of 2 metres.
               The development does not comply with the Acceptable outcome and is to be assessed against
               the corresponding Performance outcome.


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Document Set ID: 22435870
                   22409127
Version: 1,
         10,Version
             VersionDate:
                     Date:23/05/2023
                           18/05/2023